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Report of the Inquiry into the circumstances of the Death of Bernard ...

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<strong>the</strong> actual memory <strong>of</strong> many <strong>of</strong> its staff and prisoners); and this added to <strong>the</strong> perception <strong>of</strong><br />

vulnerability on both sides.” (HMCIP 2002, page 4)<br />

The wing-based disciplinary system<br />

7.20 In 1996, <strong>the</strong> inspection report noted that prison <strong>of</strong>ficers could deprive prisoners <strong>of</strong><br />

association periods for a variety <strong>of</strong> reasons and about 10 per cent <strong>of</strong> <strong>the</strong> prisoners on K<br />

wing were so deprived. Loss <strong>of</strong> association meant, for example, no access to showers or<br />

telephones, and <strong>the</strong> inspectorate was dismayed to find little written evidence <strong>of</strong> why<br />

prisoners were being dealt with in this way (HMCIP 1996, paragraphs 7.23-7.24).<br />

7.21 The Director <strong>of</strong> Regimes at Manchester issued amended guidelines on restricting<br />

facilities on 1 October 1996. They stated that <strong>the</strong> restriction <strong>of</strong> access to facilities should<br />

be recorded on <strong>the</strong> wing record maintained for <strong>the</strong> purpose and on <strong>the</strong> prisoner’s history<br />

sheets so that any pattern <strong>of</strong> misbehaviour could be identified. All privilege restrictions<br />

were to be approved by <strong>the</strong> wing Senior Officer (SO), usually following a<br />

recommendation from wing <strong>of</strong>ficers, and with <strong>the</strong> prisoner’s personal <strong>of</strong>ficer involved if<br />

possible. For prisoners on standard or basic level <strong>the</strong> possible sanctions were loss <strong>of</strong><br />

association to be imposed for one day only per infraction or withdrawal <strong>of</strong> one electrical<br />

item for one week.<br />

7.22 In 1998 HMCIP expressed concern again that staff still had delegated authority to<br />

deny association to prisoners who, in <strong>the</strong>ir opinion, infringed minor rules and regulations,<br />

but that no warnings were given and <strong>the</strong>re was no proper managerial oversight <strong>of</strong> <strong>the</strong><br />

process.<br />

7.23 From paragraph 3.34 <strong>of</strong> <strong>the</strong> report:<br />

“All <strong>the</strong> <strong>of</strong>ficer had to do was to record in a book <strong>the</strong> prisoner’s name and state why<br />

association had been stopped. Although this also required <strong>the</strong> counter signature <strong>of</strong> a<br />

SO, it was not done in some cases.” (HMCIP 1998, paragraph 3.34)<br />

The report called <strong>the</strong> scheme:<br />

“an arbitrary system with no right <strong>of</strong> appeal. Each day some prisoners were not being<br />

unlocked for association for minor infringements that would not have been considered<br />

sufficiently serious as to warrant being placed on governor’s report. There was no form<br />

<strong>of</strong> investigation <strong>into</strong> <strong>the</strong> alleged <strong>of</strong>fence or <strong>the</strong> circumstance relating to it and no<br />

warnings appeared to be given.” (HMCIP 1998, paragraph 3.34)<br />

48

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